Investigative Issues in Criminal Law

Criminal charges can be challenged even before a case is filed. An experienced white collar criminal defense attorney like Stefanie C. Moon knows that criminal charges can be attacked by questioning the authority of the investigative agents and the legality of the investigative techniques they use.

Authority of the Investigative Agents

In the federal system, the government has limited jurisdiction. Federal agents are prohibited from manufacturing federal jurisdiction. If there is federal jurisdiction, the next challenge is whether the investigating agent has enforcement jurisdiction over the particular criminal charge under investigation. Each agent must have authority to proceed from a statute or agency regulation.

Legality of the Investigative Techniques in Criminal Law

There is a difference between the information required to begin an investigation versus a limited preliminary inquiry. If law enforcement does not have information that establishes a reasonable suspicion of criminal charges, they are only authorized to begin a brief limited inquiry. If investigating agents reach the level for beginning a full scale investigation of criminal charges, they are authorized to use any lawful investigative technique with the least intrusive means to obtain the information. When deciding the level of intrusiveness, a judge can consider adverse consequences to an individual’s privacy and avoidable damage to an individual’s reputation. There are also a variety of ethical rules which must be considered. Criminal defense lawyer Stefanie C. Moon will examine all of the ways to challenge a criminal charge on your behalf.